TERMS & CONDITIONS (For equipment rental)

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 The registration and proof of identity must be completed by an adult over the age of 18, who agrees to take responsibility for the equipment and its use during hire. By using the service the renter will be accepting the following conditions:

• The renter confirms that have read and understand how to safely access and return the equipment.

• The renter accepts liability for all loss or damage to boards/equipment and agrees to pay for such as listed under ‘damage costing’. The renter is responsible for reporting any dame by email (info@thesurfrepublik.com) as specified in the return instructions. In the event that the boards are returned late the renter will need to pay for the excess time hired and a "penalisation fee" listed below. If boards are not returned before closing time this will be treated as theft. No refunds are offered if you return equipment early. 

• If there is any damage or loss to the equipment the service provider has the right to charge automatically the credit/debit card on file within a period of 21 days after the equipment hiring date.

• The renter understands that we do not take any responsibility for any injury to himself/herself or others during the hire period.  

• The renter understands that we do not take responsibility for any loss or damage to his/her personal belongings, the hire equipment, or belongings of others during the hire period.  

• The renter declares that is physically fit and able to safely use hired equipment, and that has no pre-existing medical conditions that may affect his/her abilities in the water.

• The renter declares that can swim at least 50 meters unaided in open water and accepts the risk of using equipment on open water. The renter cannot hire equipment under any circumstances if he/she is under the influence of drugs or alcohol, or if have taken medication that may affect his/her abilities in the water.  

• The renter understands that we do not recommend that children under the age of 8 use hire equipment.  

• The renter agrees to adhere to our Surfboard/Bodyboard Age Restrictions: All under 16s using Surfboard/Bodyboard equipment must be supervised by an adult during the hire period. The adult must be on the shoreline, and does not need to partake in the activity. All under 10’s must be accompanied by an adult who is in the water in the immediate area at all times.  

• You declare that you have previous experience using the equipment you choose to hire.

• You accept that if the beach is ‘red flagged’ by the SLSC (Surf Life Savers Club) all equipment must be returned immediately for your own safety. If a member of staff or lifeguard asks you to leave the water/instructs you in any way this must be followed immediately. In the case of sudden adverse weather, poor visibility (fog/sea mist), accident, injury or any other incident please return equipment if possible and seek a lifeguard. 

Damage Costing​

• Surfboard – up to $350

• Wetsuit – up to $100

• Bodyboard – up to $150

Penalisation Fee for late returns:​

• $30 for each item

Excess time hired:

• The late return will be paid at a rate of $30/h 

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Cancelation policy: the renter can cancel free of charge 24h before the scheduled equipment renting time, minus administration fee, 5% of the rental.

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TERMS & CONDITIONS (For Storage rental)

 

STORAGE:

 

1. The Storer:

(a) may store Goods in the Space allocated to the Storer by the Facility Owner (“FO”), and only in that Space:

(b) has knowledge of the Goods in the Space;

(c) warrants that they are the owner of the Goods in the Space, and/or are entitled at law to deal with them in accordance with all aspects of this Agreement.

2. The FO :

(a) does not have and will not be deemed to have, knowledge of the Goods;

(b) is not a bailee nor a warehouseman of the Goods and the Storer acknowledges that the FO does not take possession of the Goods.

 

COST:

 

3. The Storer must upon using the services pay to the FO:

(a) the Membership Fee or Storage Fee on a monthly basis and/or

(b) the Administration Fee when applicable

4. The Storer is responsible to pay:

(a) the Membership Fee on a monthly basis being the amount indicated on the “choose your plan” page, and depends on the selected membership or the amount notified to the Storer by the FO from time to time. The Storage Fee is payable in advance and it is the Storer's responsibility to make payment directly to the FO on time, and in full, throughout the period of storage. Any Storage Fees paid by direct deposit/direct credit (“Direct Payment”) will not be credited to Storer’s account unless the Storer identifies the Direct Payment clearly and as reasonably directed by the FO. The FO is indemnified from any claim for enforcement of the Agreement, including the sale or disposal of Goods, due to the Storer’s failure to correctly identify a Direct Payment;

(b) the Cleaning Fee, if applicable. as indicated on these Terms and Conditions, is payable at the FO’s reasonable discretion;

(c) a Late Payment Fee, as indicated on these Terms and Conditions, which becomes payable each time a payment is late. Late Payment fee will be under the FO’s reasonable discretion;

(d) any reasonable costs incurred by the FO in collecting late or unpaid Storage Fees, or in enforcing this Terms and Conditions in any way, including but not limited to postal, telephone, debt collection, personnel and/or the Default Action costs.

5. The Storer will be responsible for payment of any government taxes or charges (including any goods and services tax) being levied on this Agreement, or any supplies pursuant to this Agreement.

 

DEFAULT:

 

6.

(a) the Storer acknowledges that, in the event of the Storage Fee, or any other moneys owing under this Agreement, not being paid in full within 42 days of the due date, the FO may enter the Space, by force or otherwise, retain the Deposit and/or sell or dispose of any Goods in the Space on such terms that the FO may determine (“Default Action”). For the purposes of the Personal Property Securities Act 2009, the FO is deemed to be in possession of the Goods from the moment the FO accesses the Space. The Storer consents to and authorises the sale or disposal of all Goods regardless of their nature or value. The FO may also require payment of Default Action costs, including any costs associated with accessing the Storer’s Space and disposal or sale of the Storer’s Goods. Any excess funds will be returned to the Storer within 6 months of the sale of goods. In the event that the Storer has more than one Space with the FO, default on either Space authorises the FO to take Default Action against all Spaces.

(b) At least 14 days before the FO can take any Default Action the FO will provide the Storer with Notice that the Storer is in Default. The FO will provide the Storer with reasonable time to rectify the Default before any Default Action is taken.

 

RIGHT TO DUMP:

 

7. If, in the reasonable opinion of the FO, a defaulting Storer’s Goods are either not saleable, fail to sell when offered for sale, may pose a health risk to staff or the public if handled, or are not of sufficient value to warrant the expense of attempting to sell, the FO may dispose of all Goods in the Storer’s Space by any means.

8. Further, upon Termination of the Agreement (Clause 22) by either the Storer or the FO, in the event that a Storer fails to remove all Goods from their Space or the Facility the FO is authorised to dispose of all Goods by any means 7 days from the Termination Date, regardless of the nature or value of the Goods. The FO will give 7 days' notice of intended disposal.

9. Any items deemed left, in the FO’s reasonable opinion, unattended in common areas or outside the Storer’s Space at any time may at the FO’s reasonable discretion be sold, disposed, moved or dumped immediately and at the expense and liability of the Storer.

 

ACCESS AND CONDITIONS:

 

10.The Storer:

(a) has the right to access the Space as posted by the FO and subject to the terms of this Agreement;

(b) will be solely responsible for the securing of the Space and shall so secure the Space at all times when the Storer is not in the Space in a manner reasonably acceptable to the FO. The Storer is not permitted to apply a different padlock to their Space in the FO’s overlocking position, and the Storer may have any such padlock forcefully cut off at the Storer’s expense; (c) must not store any Goods that are hazardous, illegal, stolen, inflammable, explosive, environmentally harmful, perishable or that are a risk to the property of any person; (d) must not store items which are irreplaceable, and/or currency, jewellery, furs, deeds, paintings, curios, works of art and items of personal sentimental value;

(e) will use the Space solely for the purpose of storage and shall not carry on any business or other activity in the Space;

(f) must not attach nails, screws etc to any part of the Space, must maintain the Space by ensuring it is clean and in a state of good repair,and must not damage or alter the Space without the FO’s consent; in the event of un cleanliness of or damage to the Space or Facility the FO will be entitled to retain the Storer’s Goods, charge a Cleaning Fee, and/or full reimbursement by the Storer to the value of the repairs and/or cleaning;

(g) cannot assign this Agreement;

(h) must give Notice of the change of address, phone numbers or email address of the Storer within 48 hours of any change;

(i) is solely responsible for determining whether the Space is appropriate and suitable for storing the Storer’s Goods, having specific consideration for the size, nature and condition of the Space and Goods.

(j) the Storer is responsible of the security padlock. This security element is provided by the FO and cannot be changed, replaced, stolen or damaged under any circumstances. If any of these events happened to the padlock or any other elements the Storer will pay a padlock fee indicated by the FO depending on the damages or circumstances but never less that $50.

 

11. In addition to clause 6, the FO has the right to refuse access to the Space and/or the Facility where any moneys are owing by the Storer to the FO.

 

12. The FO will not be liable for any loss or damage suffered by the Storer resulting from any inability to access the Facility or the Space.

 

13.The FO reserves the right to relocate the Storer to another Space under certain circumstances, including but not limited to unforeseen extraordinary events, redevelopment of the Facility or re-distribution of Spaces and Goods.

 

14. The FO may dispose of the Storer’s Goods in the event that Goods are damaged due to fire, flood or other event that has rendered Goods, in the reasonable opinion of the FO severely damaged, or dangerous to the Facility, any persons, or other Storers and/or their Goods. Where practicable, the FO will provide the Storer with reasonable Notice and an opportunity to review the Goods before the Goods are disposed of.

 

15. The Storer acknowledges that it has raised with the FO all queries relevant to its decision to enter this Agreement and that the FO has, prior to the Storer entering into this Agreement, answered all such queries to the satisfaction of the Storer. The Storer acknowledges that any matters resulting from such queries have, to the extent required by the Storer and agreed to by the FO, been reduced to writing and incorporated into the terms of this Agreement.

 

RISK AND RESPONSIBILITY:

 

16. The FO's services come with non-excludable guarantees under consumer protection law, including that they will be provided with due care and skill.Otherwise, to the extent permitted by law, the Goods are stored at the sole risk and responsibility of the Storer who shall be responsible for any and all theft, damage to, and deterioration of the Goods, and shall bear the risk of any and all damage caused by flood or fire or leakage or overflow of water, mildew, heat, spillage of material from any other space, removal or delivery of the Goods, pest or vermin or any other reason whatsoever.

 

17. Where loss, damage or injury is caused by the Storer, the Storer’s actions or the Storer’s Goods, the Storer agrees to indemnify and keep indemnified the FO from all claims for any loss of or damage to the property of, or personal injury to or death of the Storer, the Facility, the FO or third parties resulting from or incidental to the use of the Space by the Storer, including but not limited to the storage of Goods in the Space, the Goods themselves and/or accessing the Facility.

 

18. Certain laws may apply to the storage of goods including criminal, bankruptcy, liquidation and others. The Storer acknowledges and agrees to comply with all relevant laws, including Acts and Ordinances, Regulations, By-laws, and Orders, as are or may be applicable to the use of the Space. This includes laws relating to the material which is stored, and the manner in which it is stored. Such liability and responsibility rests with the Storer, and includes any and all costs resulting from such a breach.

 

19. If the FO reasonably believes that the Storer is not complying with any relevant laws the FO may take any action as it reasonably believes to be necessary, including the action outlined in clauses 21 & 22, contacting, cooperating with and/or submitting Goods to the relevant authorities, and/or immediately disposing of or removing the Goods at the Storer’s expense. No failure or delay by the FO to exercise its rights under this Agreement will operate to waive those rights.

 

INSPECTION AND ENTRY BY THE FO:

 

20. the Storer consents to inspection and entry of the Space.

 

NOTICE:

 

21. Notice will usually be given by email or SMS, or otherwise will be left at, or posted to, or faxed to the address of the Storer. In relation to the giving of Notice by the Storer to the FO, Notice must be in writing and actually be received to be valid, and the FO may specify a required method. In the event of not being able to contact the Storer, Notice is deemed to have been given to the Storer by the FO if the FO has sent Notice to the last notified address or has sent Notice via any other contact method, including by SMS or email to the Storer without any electronic ‘bounce back’ or similar notification. In the event that there is more than one Storer, Notice to or by any single Storer is agreed to be sufficient for the purposes of any Notice requirement under this Agreement 22.

 

TERMINATION:

 

22.Once the initial fixed period of storage has ended, either party may terminate this Agreement by giving the other party Notice of the Termination Date in. In the event of any activities reasonably considered by the FO to be illegal or environmentally harmful on the part of the Storer the FO may terminate the Agreement without Notice. The FO is entitled to retain or charge apportioned storage fees if less than the requisite Notice is given by the Storer. The Storer must remove all Goods in the Space before the close of business on the Termination Date and leave the Space in a clean condition and in a good state of repair to the satisfaction of the FO. In the event that Goods are left in the Space after the Termination Date, clause 8 will apply. The Storer must pay any outstanding Storage Fees and any expenses on default or any other moneys owed to the FO up to the Termination Date, or clauses 6, 7 or 8 may apply. Any calculation of the outstanding fees will be by the FO. If the FO enters the Space for any reason and there are no Goods stored therein, the FO may terminate the Agreement without giving prior Notice, but the FO will send Notice to the Storer within 7 days. 24.The Parties’ liability for outstanding moneys, property damage, personal injury, environmental damage and legal responsibility under this Agreement continues to run beyond the termination of this Agreement. 25.SEVERANCE If any clause, term or provision of this Agreement is legally unenforceable or is made inapplicable, or in its application would breach any law, that clause, term or provision shall be severed or read down, but so as to maintain (as far as possible) all other terms of the Agreement.  

 

RENEWAL:

 

23.The agreement will automatically be renewed at the end of it for the same type of membership and the same period of time. The storer will need to give Notice to the FO at least 2 weeks in advance of the Termination date to avoid the renewal.

 

MEMBERSHIP CANCELATION:

 

24.When purchasing a membership the Stores accepts the Terms and Conditions and is bond to the length of that membership. Nevertheless, the FO has a policy that allows the Storer to partly cancel the membership under unforeseen circumstances in two different cases:

1. Cancellation during the first 14 days of the membership purchase: the first monthly payment of the Storage Fee paid by the Storer will be kept to the FO as a non-refundable deposit considered to be an Administration Fee but future payments will be cancelled and membership will be cancelled

2. Cancelation after the first 14 days of the membership purchase: 50% of the remaining monthly Storage Fee will be paid in full by the Storer to the FO. The FO will indicate the amount to the Storer and once the full amount is transferred/paid to the FO, the membership will be cancelled.

25.There will not be any other form of cancelation unless the FO indicates otherwise.

 

CHANGE OF PADLOCK/SECURITY ITEM PASSWORD/KEY:

 

26.The FO will provide the Storer with access to the facilities with a pass code or key. This pass code or key should never be changed. Any change will be considered an alteration to the security item and will be subject to fees under the 10(J). The Storer must check with the FO and obtain written permission for it.

 

PRE-BOOKING:

27.Pre-booking conditions and offers are subject to change under the FO directions and circumstances. For more information, the FO should be contacted directly.